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Trademark
Definition U.S. trademark law Under the Lanham Act,15 U.S.C. §1127 (full-text). a trademark includes: Also known as service mark when used in connection with services, a trademark permits the seller to use a distinctive name, mark, or symbol to identify and market a product, service, or company. Overview Trademark protection in the United States is governed jointly by state (statutory and common law) and federal statutory law. The main federal statute is the Trademark Act of 1946.15 U.S.C. §1051 et seq. The trademark allows quick identification of the seller's product, and for good or ill, can become an indicator of a product's quality. If for good, the trademark can be valuable in the introduction of new products by conveying an instant assurance of quality. Trademark law is designed to prevent other companies with similar merchandise from free-riding on the association of quality with the trademarked item. Thus, a trademarked good may command a premium in the marketplace because of its reputation. For trademarks, distinctiveness is at a premium because a trademark must capture the consumer's imagination to be effective. Generic names of commodities cannot be trademarked. Trademark rights are acquired through use or through registration with the U.S. Patent and Trademark Office. Trademark law also protects the appearance of product packaging and, in some cases, the actual physical configuration of the goods, if these serve as brand identifiers. A trademark owner may prevent others from using any mark that creates a likelihood of confusion as to the source or sponsorship of the associated goods or services.See Restatement (Second) of Unfair Competition §20. Trademark rights persist so long as the mark continues to be used and retains its distinctiveness.Id. at §30. Trademark law allows for overlapping use in the two following situations: # Use of the same mark for the same goods or services, but in different geographic areas; and # Use of the same mark for different goods or services in the same geographic areas. Limitations on trademark rights The Ninth Circuit has observed that the purpose of a trademark has "remained constant and limited: Identification of the manufacturer or sponsor of a good or the provider of a service."New Kids on the Block v. News America Pub., 971 F.2d 302, 305 (9th Cir. 1992) (full-text). Thus, trademarks represent "a limited property right in a particular word, phrase, or symbol,"Id. at 306. and trademark owners do not possess exclusive rights in the use of marks which describe a person, a place or an attribute of a product.Id. Thus, in certain cases, the use of another party's trademark can be a non-trademark "fair use." Under U.S. trademark law, there are two types of "fair use": * Classical fair use * Nominative fair use References See also * Counterfeit trademark goods * Incapable informational mark * Trademark Act of 1946 * Trademark applicant * Trademark application * Trademark assignee * Trademark assignor * Trademark assignment * Trademark counterfeiting * Trademark dilution * Trademark disclaimer * Trademark infringement * Trademark law * Trademark license * Trademark Manual of Examining Procedure * Trademark misuse * Trademark opposition * Trademark owner * Trademark register * Trademark registration * Trademark registration symbol * Trademark rights * Trademark symbol * Trademark Trial and Appeal Board * Trademark use * Unregistered trademark Category:Legislation Category:Legislation-U.S.-Federal Category:Legislation-U.S.-Trademark Category:Trademark Category:Definition